When you sustain serious injuries in a motorcycle accident through no fault of your own, your life can change for the worse. Many times, your family suffers along with you. A motorcycle accident lawyer in Jefferson City can help you hold the liable party responsible for your injuries and monetary losses.
At the Law Offices of Ogle, Elrod & Baril, PLLC, we can help you after an accident that occurred due to someone else’s negligence. Our firm has the resources necessary to help you build a solid case to recover medical bills, lost wages, pain and suffering, and other damages. Call us today at 865-546-1111 to schedule a free, no-obligation consultation with a motorcycle accident attorney in Jefferson City.
What Information Do I Need to Prove Fault?
Since our case must prove another driver’s negligence caused an accident and you suffered injuries, we will obtain substantial information to prove fault. For instance, a police report of the accident will provide details of your crash. It could even show how the at-fault driver’s negligence caused the accident. If the other driver received a citation for breaking a traffic law, such as speeding or driving while intoxicated, that information would appear in the police report.
Depending on the severity of your injuries, we may have a certified physician offer an opinion on your anticipated length of recovery and future medical needs. We can also collect eyewitness statements, obtain video or photographs of the accident scene, and calculate the income you have lost from being off of work because of the crash.
To further strengthen your claim, we may ask an accident reconstruction specialist to determine what caused the crash and who was at fault.
Can Bad Roads Cause a Motorcycle Accident?
Uneven pavement, loose gravel, cracks, and other road hazards can cause motorcycle accidents. Government agencies maintain local roads. If bad road conditions contributed to your crash, we can determine which government entity failed to properly maintain the road and possibly hold it liable for your damages.
In Tennessee, state, county, and local governments can protect themselves under sovereign immunity. Our law firm, however, knows what it takes to remove immunity in negligence cases and pursue compensation for your damages.
Should I Accept a Settlement From the At-Fault Driver’s Insurance Company?
We advise you not to accept a check until one of our lawyers reviews the settlement. Because auto insurers often try to save money by offering low settlements, the initial amount may not take care of future expenses associated with your injuries. If you accept a check now, you cannot ask the insurance company for more money later on.
After decades of combined experience handling insurance claims, we know low and unfair settlement offers when we see them. Our firm can negotiate an insurance claim on your behalf and fight for the fair settlement you deserve. If the insurer refuses to make a fair offer, we can file a personal injury lawsuit.
What If the Other Driver Accuses Me of Contributing to the Crash?
In motorcycle accidents involving serious injuries and property damage, auto insurers will find some way of throwing blame at the motorcyclist in an attempt to avoid paying a claim. A common tactic insurers use is determining whether a motorcycle operator was wearing a helmet at the time of the crash.
In Tennessee, all motorcycle operators and their riders must wear a helmet. If you or your passenger were not wearing helmets at the time of the accident, the auto insurer may seek to reduce your compensation by applying the comparative fault rule.
Under comparative fault, each claimant receives reduced compensation based on their percentage of fault. For example, if you want to recover $100,000 in damages, but you shared 30 percent of the blame for causing the accident, you would receive $70,000 in compensation.
What Type of Damages Can I Recover?
The type of damages you can recover depends on several factors, including the circumstances of your accident and the severity of your injuries. Generally, you may seek damages for the following:
- Hospital bills;
- Current and future medical bills;
- Lost wages;
- In-patient rehabilitation;
- Physical therapy;
- Home health care;
- Loss of earning capacity; and
- Property damage to your motorcycle or other personal property.
You may also pursue damages for intangible injuries, such as:
- Pain and suffering;
- Scarring or disfigurement;
- Emotional distress;
- Loss of enjoyment of life; and
- Loss of consortium.
If a loved one died because of the motorcycle accident, we can file a wrongful death lawsuit to pay for funeral and burial costs, your loved one’s lost wages, and physical and emotional pain and suffering.
Non-Economic Compensation for Catastrophic Injuries
If your motorcycle injury falls under the category of catastrophic loss or injury under Tennessee law, you may receive up to $1 million in non-economic damages. This could apply to your case if you suffered:
- A spinal cord injury that caused quadriplegia or paraplegia;
- The amputation of two hands, two feet, or one of each;
- Third-degree burns over at least 40 percent ofyour body or face; or
- The wrongful death of a parent withsurviving minor children.
We look at every angle of your motorcycle accident to help you seek the maximum compensation Tennessee allows personal injury accident victims to pursue.
Let Us Help You Recover After a Motorcycle Accident in Jefferson City.
Tennessee limits the amount of time you have to claim injury to one year from the date of the accident. Contact the Law Offices of Ogle, Elrod & Baril, PLLC, today at 865-546-1111 to see if you have a viable case. If you do, we can begin developing a legal strategy immediately.
We can also answer any questions you may have about your motorcycle accident and the claims process. Our attorneys work on a contingency fee basis. This means that you do not pay us unless we achieve a favorable outcome in your case.